Ontario's Offshore Marketing Restrictions Create New Risks for International iGaming Affiliate Networks

The central regulatory provision is Standard 1.21 of the AGCO's Registrar's Standards for Internet Gaming. It requires operators to ensure that independent third parties providing direct-to-consumer marketing, promotional or player referral services do not simultaneously provide those services for unregistered online gambling websites accepting wagers from Ontario players.

Ontario's regulated online gambling market has created an unusual challenge for international affiliate businesses: a marketing company can operate legally in several countries and still become an unsuitable commercial partner for an Ontario-registered gambling operator.

The issue comes down to the province's restrictions on third-party marketing relationships.

Under the Alcohol and Gaming Commission of Ontario's (AGCO) Registrar's Standards for Internet Gaming, registered operators cannot use certain independent marketing partners that also refer Ontario players to gambling websites operating outside the province's regulated framework.

For affiliate networks managing dozens of brands across multiple jurisdictions, that requirement can complicate commercial relationships, publisher recruitment and campaign management.

It also places responsibility on gambling operators to understand how their marketing partners generate traffic.

The rule itself is not new. However, Ontario's expanding regulated market and the introduction of an additional industry advertising code in January 2026 have brought renewed attention to the standards governing gambling promotion.

For operators and affiliates, the financial consequences of non-compliance are no longer theoretical.

Ontario's Standard 1.21 Creates a Clear Boundary for Gambling Affiliates

The central regulatory provision is Standard 1.21 of the AGCO's Registrar's Standards for Internet Gaming.

It requires operators to ensure that independent third parties providing direct-to-consumer marketing, promotional or player referral services do not simultaneously provide those services for unregistered online gambling websites accepting wagers from Ontario players.

The restriction covers relationships involving commissions, contractual payments and other forms of compensation.

Its practical implications extend beyond traditional casino comparison websites.

Affiliate networks, performance-marketing agencies, lead-generation businesses and other paid referral partners may all fall within its scope when providing the relevant services.

Consider an international affiliate company that promotes an Ontario-registered sportsbook while also directing Ontario residents to an offshore casino without AGCO registration.

Even if the two campaigns operate on different websites, the relationship may create a problem for the regulated sportsbook under Standard 1.21.

The important distinction is not simply whether an affiliate promotes an international gambling brand.

It is whether the affiliate also provides the covered marketing or referral services for an unregistered gambling website that facilitates or accepts wagers from players in Ontario.

An international affiliate promoting a gambling operator exclusively to customers in another jurisdiction does not automatically breach the standard. The relevant activities, audience and commercial arrangements must be examined.

This distinction matters for global marketing groups that serve multiple countries through separate websites, languages and business units.

Operators Cannot Transfer Compliance Responsibility to Their Affiliates

Standard 1.21 is only one part of Ontario's third-party compliance framework.

Standard 1.19 establishes a broader principle: registered gambling operators are responsible for the actions of third parties they contract to perform activities connected with their Ontario gaming business.

Operators must require those third parties to conduct their relevant activities in accordance with applicable laws, regulations and standards.

That means an operator cannot necessarily avoid regulatory responsibility by arguing that an affiliate, rather than the operator itself, published a non-compliant promotion.

This has important implications for commercial agreements.

An operator may need to understand which publishers its affiliate network uses, where campaigns appear, what offers are advertised and whether the same marketing partners promote unregistered gambling services to Ontario customers.

The challenge becomes more complicated when affiliate networks subcontract traffic acquisition to independent publishers or media buyers.

An operator might have a direct agreement with one marketing company but limited visibility into the websites and advertising channels used further down the supply chain.

From a compliance perspective, that lack of visibility can become a commercial risk.

BetMGM's $110,000 Penalty Shows the Cost of Third-Party Marketing Failures

Ontario's enforcement record provides a concrete example of how third-party marketing problems can affect gambling operators.

In March 2025, the AGCO announced monetary penalties totalling CA$110,000 against BetMGM Canada for alleged breaches of its internet gaming standards.

The regulator identified marketing activities in which third-party companies offered financial inducements to encourage new customers to open gambling accounts.

One marketing affiliate, Above the Street, generated 377 player registrations and approximately CA$127,180 in commissions through activities the regulator considered non-compliant.

Another affiliate, Maple Leaf Marketing, generated 94 registrations and approximately CA$34,000 in commissions.

The AGCO cited Standards 1.19 and 2.05, relating to third-party responsibility and restrictions on gambling inducements.

The case was not an enforcement action under Standard 1.21 concerning offshore referrals.

Nevertheless, it demonstrates the broader regulatory exposure operators face when marketing partners fail to follow Ontario's rules.

For affiliate networks, the lesson is that strong acquisition performance does not necessarily protect a commercial relationship.

A campaign that delivers hundreds of registrations can still create substantial regulatory consequences if its promotional methods are prohibited.

Why International Affiliate Networks Face Greater Operational Complexity

Large affiliate businesses often operate across several gambling jurisdictions simultaneously.

A single group might manage websites targeting Ontario, the United Kingdom, Latin America and other international markets.

Some of its commercial partners may hold local gambling authorisations. Others may operate under licences issued elsewhere.

This creates a difficult question for companies seeking to maintain Ontario operator partnerships.

How can they demonstrate that the marketing services covered by Ontario's rules are not also being provided to unregistered websites accepting Ontario wagers?

Geographic targeting is one part of the answer, but it is not the entire solution.

Affiliate networks may need to review how their publisher relationships are structured, which websites are accessible to Ontario users and whether marketing campaigns direct those users towards unregistered operators.

They may also need to assess relationships at the network level rather than treating each individual campaign as entirely separate.

A business cannot assume that using different landing pages, tracking links or advertising accounts automatically resolves a conflict under Standard 1.21.

The relevant legal analysis depends on the activities being undertaken and the relationships between the parties involved.

For larger marketing groups, this can make affiliate compliance a matter for senior management rather than simply a task handled by individual account managers.

Ontario's 2026 Advertising Code Adds Another Layer of Scrutiny

The regulatory environment has also become more demanding in 2026.

On January 1, the Canadian Gaming Association's Code for Responsible Gaming Advertising came into effect, with Ad Standards administering complaints under the code.

The industry code operates alongside Ontario's existing AGCO requirements.

It does not replace Standard 1.21 or introduce the province's offshore affiliate restrictions, which already existed.

Instead, it adds another set of advertising principles for participating gambling businesses.

This matters because international operators must consider different types of obligations at the same time.

The AGCO's standards establish enforceable provincial requirements governing registered operators.

The industry code provides an additional framework for responsible advertising by participating businesses, including a complaint-handling process.

Operators therefore need to distinguish between mandatory regulatory obligations and industry-code commitments.

For marketing partners, that distinction can affect campaign approval procedures, contractual requirements and the handling of consumer complaints.

The Commercial Risk Extends Beyond Offshore Referrals

Ontario's marketing standards address several areas that can affect affiliate campaigns.

Restrictions on public bonus advertising are particularly relevant.

Standard 2.05 limits how operators can advertise gambling inducements, bonuses and credits. Certain offers may be communicated through an operator's gaming site or direct marketing to players who have provided active consent, rather than through unrestricted public advertising.

Ontario also prohibits various forms of advertising likely to appeal to minors.

Restrictions introduced in February 2024 include limitations on the use of social media influencers, celebrities appealing to minors, and active or retired athletes, subject to a specific responsible-gambling exception.

These requirements can affect campaign formats that are common in other markets.

An affiliate network accustomed to publishing prominent welcome-bonus offers or using celebrity-led social campaigns may need different creative assets for Ontario.

Operators must also ensure that their marketing arrangements comply with requirements concerning vulnerable or high-risk players.

The result is a regulatory environment in which the commercial suitability of an affiliate depends on more than traffic volume, conversion rates or the commission demanded.

Compliance capabilities have become an important part of the value an affiliate network provides.

What a Compliant Operator–Affiliate Relationship Looks Like

For gambling businesses operating in Ontario, managing third-party marketing exposure requires an ongoing process rather than a one-time contract review.

Before entering a partnership, an operator should establish which websites, brands and marketing channels the affiliate controls.

The review should identify whether the affiliate provides covered marketing or referral services for gambling websites accepting Ontario players without AGCO registration.

Commercial agreements can then establish requirements for approved campaigns, prohibited activities, subcontractor oversight and notification of material changes.

However, contractual language alone is unlikely to be sufficient.

Operators need practical methods for checking how campaigns are delivered.

These may include periodic website reviews, tracking-link audits, advertising-content checks and documented escalation procedures.

Affiliate networks, meanwhile, can improve their commercial position by maintaining accurate publisher records and providing clear information about their gambling-sector clients.

They should also be able to explain how Ontario-targeted campaigns are reviewed and how potential conflicts are identified.

The precise controls required will depend on the business model and the regulatory obligations that apply.

Independent Gambling Publishers Face a Different Set of Questions

The rules also matter to independent gambling news and comparison websites.

Such publishers may cover both regulated and offshore gambling markets, particularly when reporting on international industry developments.

However, editorial reporting about an offshore operator is not necessarily the same activity as providing compensated player referrals to that operator.

The distinction between independent journalism, advertising and paid affiliate promotion is therefore important.

For example, an article examining an offshore casino's business strategy may be editorial content.

A comparison page containing compensated sign-up links directing Ontario customers to that casino could raise different questions.

The relevant facts include the publisher's compensation arrangements, the purpose of the content and whether it provides direct-to-consumer marketing or referral services covered by the standard.

An October 2026 analysis of the AGCO Registrar's Standards published by GambleOnline.ca examines the distinction between regulated and unregulated gambling activities, alongside the wider compliance requirements imposed on Ontario operators.

For international publishers, understanding that distinction is important when deciding whether an Ontario-facing commercial campaign is compatible with existing offshore partnerships.

Could Ontario's Rules Reshape International Affiliate Contracts?

Ontario's approach creates a potential commercial incentive for affiliate networks to strengthen their compliance processes.

Operators entering regulated markets need partners capable of demonstrating that their traffic acquisition methods satisfy local requirements.

This could favour publishers and networks that maintain transparent records, conduct due diligence and separate editorial activity from compensated marketing.

However, it would be premature to conclude that Ontario's restrictions have already caused widespread contract cancellations or a measurable restructuring of the international affiliate industry.

Publicly available information does not establish the scale of those effects.

The more immediate implication is contractual.

Operators may seek stronger warranties concerning unregulated gambling promotion, clearer rights to audit marketing activity and faster termination procedures when compliance problems emerge.

Affiliate networks may respond by changing how they approve gambling advertisers, monitor subcontractors and document their marketing practices.

Those changes can increase operating costs.

They may also become an important competitive advantage when pitching regulated gambling businesses.

What Comes Next for Ontario's iGaming Marketing Sector?

Ontario's regulated market continues to offer opportunities for international operators and marketing businesses, but participation requires an understanding of the province's specific rules.

For affiliates, Standard 1.21 creates a clear commercial issue: relationships with unregistered gambling websites accepting Ontario players can affect their eligibility to provide marketing and referral services to regulated operators.

Standard 1.19 reinforces the operator's responsibility for contracted third parties, while the AGCO's enforcement record demonstrates the financial consequences of marketing failures.

The additional responsible advertising code introduced in January 2026 brings another layer of industry scrutiny.

For international affiliate networks, the question is no longer simply whether they can deliver Ontario gambling traffic.

It is whether they can demonstrate that their commercial relationships, marketing practices and publisher networks are compatible with the province's regulatory framework.

As more gambling markets establish their own advertising and third-party oversight requirements, the ability to manage those differences may become as commercially important as the ability to acquire players.

About the Author

Arthur Crowson is a writer and editor at GambleOnline.ca with more than two decades of experience covering online gambling, finance and cryptocurrency. He began his journalism career at the Merritt Herald before moving into digital publishing, where he has written about casino gaming, poker, gambling regulation and payment technology. His work has also appeared in PokerListings, PokerScout, CryptoVantage and ValueWalk.